i!*>»^^^ 


^" 


GIFT   OF 


^•\ 


[Eighty-six  folios.] 


[egstetlve  Reference  Scctwn 

GENERAL  —  ALL  COUNTIES. 


LAWS  OF  NEW  YORK.—  By  Authority. 

_^^  ^  Chap.  444. 

.N  ACT  to  authorize  a  city  of  the  second  or  third  class  to  adopt 
a  simplified  form  of  government. 

Jecame  a  law  April   16,  1914,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented-  in  Senate 
md  Assembly^  do  enact  as  folloivs: 

rticle  I.  Short  title;  definitions;  application;  general  pro- 

visions (§§  1-11). 
II.  Adoption  of  simplified  form  of  government  (§§  15- 
26). 

III.  General  powers  (§§  35-51). 

IV.  Government  by  means  of  limited  council. 
Title     I.  Government  by  limited  council,  with 

division    of    administrative    duties 
(§§  70-77). 
II.  Government  by  limited  council,  with 
collective  supervision  (§§  78-84). 
V.  Government  by  limited  council,  with  appointive 
city  manager  (§§  85-93). 
yi.  Government  by  means  of  separate  legislative  and 
executive  departments. 
Title     I.  Legislative  department  consisting  of 
three  or  five  councilmen  (§§  100- 
108). 
II.  Legislative  department  consisting  of 
nine  councilmen  (§  110). 
III.  Legislative  department  consisting  of 
councilmen     elected     by     districts 
(§115). 
VII.  Adoption  by  third  class  city  of  second  class  cities 
law  (§  120). 
^     yill.  Saving  clause;  mis^^eilanepus ^provisions  (§§  125- 
126).  •  •  *"  '   *'  ^'  ^ 


337079 


c.-Z^ 


ARTICLE  I. 
Shoet  Title  ;  Definitions  ;  Application  ;  General  Pso visions. 

Section     1.  Short  title. 

2.  Definitions. 

3.  Application  of  chapter. 

4.  Continuance  of  existing  legislative  powers  of  city. 

5.  Other  powers  of  city. 

6.  Duties  and  liabilities  of  city. 

7.  Existing  ordinances  continued. 
8..  Existing  laws  continued. 

9.  Supervisors. 

10.  Determination  of  questions  by  popular  vote. 

11.  Number  of  inhabitants  of  a  city,  how  determined. 

Section  1.  Short  title.  This  act  may  be  known  and  cited  as 
"  the  optional  city  government  law." 

§  2.  Definitions.  1.  The  term  "  city,"  as  used  in  this  act,  in- 
cludes any  city  of  the  second  or  third  class  as  classified  in  the  con- 
stitution. 

2.  The  term  "  general  city  election  "  means  an  election  at  which 
the  final  selection  is  made  of  a  city  ofiicer. 

3.  The  term  "  commissioner  of  elections "  includes  those  of- 
ficers who  have  similar  powers  and  duties  in  counties  where  no 
commissioners  of  election  are  appointed. 

4.  The  term  "  charter  "  includes  all  provisions  of  local  or  special 
law  applicable  to  the  city. 

§  3.  Application  of  chapter.  Any  city  which  shall  adopt,  in 
the  manner  hereinafter  prescribed,  one  of  the  methods  of  govern- 
ment provided  in  this  chapter,  shall  thereafter  be  governed  by  the 
provisions  hereof. 

§  4.  Continuance  of  existing  legislative  powers  of  city.  None 
of  the  legislative  powers  of  a  city  shall  be  abridged  or  impaired  by 
the  provisions  of  this  act,  but  all  such  legislative  powers  are  hereby 
devolved  upon  and  shall  be  possessed  and  exercised  by  such  body  as 
shall  be  the  legislative  body  of  the  city  under  the  provisions  hereof. 

§  5.  Other  powers  of  city.  The  existing  corporate  powers  of  a 
city  shall  not  be  construed  to  have  been  abridged  or  impaired  by 
the  provisions;  of  this  2ict,rbut^he  same  shall  be  exercised  as  herein 
provided.         '    '  *      . 


§  6.  Duties  and  liabilities  of  city.  ISTothing  in  this  act  shall  be 
construed  to  in  any  way  impair  or  affect  any  duty  or  liability  now 
imposed  by  law  upon  a  city. 

§  7.  Existing  ordinances,  continued.  All  ordinances,  resolu- 
tions, orders  or  other  regulations  of  a  city,  or  any  authorized  body 
or  official  thereof,  existing  at  the  time  the  provisions  of  this  act 
shall  become  applicable  to  the  city,  and  not  inconsistent  with  the 
provisions  hereof,  shall  continue  in  full  force  and  effect  until  re- 
pealed, modified  or  otherwise  superseded. 

§  8.  Existing  laws  continued.  Except  insofar  as  any  of  its  pro- 
visions shall  be  inconsistent  with  this  act,  the  charter  of  the  city, 
and  all  special  or  general  laws  applicable  thereto,  shall  continue  in 
full  force  and  effect,  until  and  unless  superseded  by  the  passing 
of  ordinances  regulating  the  matters  therein  provided  for;  but  to 
the  extent  that  any  provisions  thereof  shall  be  inconsistent  with 
this  act,  the  same  are  hereby  superseded. 

§  9.  Supervisors.  Nothing  in  this  act  contained  shall  affect 
the  powers,  duties,  manner  of  election  or  appointment  of  super- 
visors. 

§  10.  Determination  of  questions  by  popular  vote.  Nothing 
in  this  act  shall  be  construed  as  superseding  or  repealing  any  pro- 
vision of  law  requiring  any  matter  to  be  submitted  to  the  vote  of 
the  electors  or  taxpayers,  or  permitting  the  city  council  to  so  sub- 
mit any  matter  or  question. 

§  11.  Number  of  inhabitants  of  a  city,  how  determined.  For 
the  purposes  of  this  act  the  number  of  inhabitants  of  a  city  shall 
be  deemed  to  be  the  number  as  ascertained  by  the  latest  state 
census  or  United  States  census,  whichever  shall  be  later. 

AETICLE  11. 
Adoption  of  Si:mplified  Form  of  Government. 

Section  15.  Preparation  and  presentation  of  petition. 

16.  Form  of  petition. 

17.  Summary  proceedings  to  review  sufficiency  of  peti- 

tion. 

18.  Submission  of  question  at  general  city  election. 

19.  Submission  of  question  at  special  election. 

20.  Publication  of  notice  and  conduct  of  election. 

21.  Form  of  ballot;   voting  machines. 

22.  Submission  of  but  one  plan  at  an  election. 


23.  Effect  of  adoption  of  plan. 

24.  Effect  of  rejection  of  plan. 

25.  Continuance  of  plan  when  adopted. 

26.  Duty  of  city  clerk  on  adoption  of  plan. 

§  15.  Preparation  and  presentation  of  petition.  When  thirty 
days  shall  have  elapsed  since  the  taking  effect  of  this  act,  a  peti- 
tion may  be  presented  at  any  time  to  the  common  council  of  the 
city,  in  the  form,  and  signed  and  certified  as  provided  in  the  next 
section.  The  petition  shall  be  presented  by  filing  the  same  with 
the  city  clerk.  It  shall  be  signed  by  qualified  electors  of  the  city 
to  a  number  at  least  equal  to  ten  per  centum  of  the  number  of 
votes  cast  therein  at  the  general  election  preceding  the  presentation 
of  the  petition  in  a  city  where  less  than  twenty  thousand  votes 
were  so  cast,  and  in  any  other  city  by  qualified  electors  of  the  city 
to  the  number  of  not  less  than  two  thousand. 

§  16.  Form  of  petition.  The  petition  shall  be  in  substantially 
the  following  form: 

To  the  common  council  of  the  city  of : 

We,  the  undersigned,  qualified  electors  of  this  city,  respectfully 
petition  your  honorable  body  to  cause  to  be  submitted  to  a  vote 

the  following  question:    Shall  the  city  of 

adopt  the  simplified  form  of  government  defined  as  plan  (insert 
A,  B,  C,  D,  E,  F,  or  G,  as  desired  by  petitioners),  and  consisting 
of  (describe  particular  plan  briefly,  as  "  government  by  limited 
council  with  division  of  administrative  duties,"  or  "  government 
by  limited  council,  with  city  manager,"  or  "  government  by  sep- 
arate legislative  and  executive  departments  with  five  councilmen 
elected  at  large,"  et  cetera)  according  to  the  provisions  of  chapter 

of  the  laws  of  (insert  chapter  number  and  year  of 

passage  of  this  act),  known  as  "  the  optional  city  government  law." 

(In  a  city  of  less  than  twenty-five  thousand  inhabitants,  if  the 
plan  specified  in  the  foregoing  question  is  plan  A,  plan  B  or  plan 
D,  such  petition  shall  also  contain  the  following  additional  ques- 
tions:) 

2.  Shall  the  council  under  said  plan  be  composed  of  five  mem- 
bers, including  the  mayor?  (The  words  "  including  the  mayor  " 
shall  be  omitted  in  the  case  of  plan  D.) 

3.  Shall  the  council  under  said  plan  be  composed  of  three  mem- 


bers,  including  the  major?     (The  words  "  including  the  mayor  " 
shall  be  omitted  in  the  ease  of  plan  D.) 

(Signature  of  elector.)  (Eesidence,  by  street  and  number.) 


The  execution  of  the  petition  by  an  elector  shall  be  acknowl- 
edged by  him,  or  it  may  be  proved  by  the  oath  of  a  witness  who 
shall  swear  that  he  knows  the  elector  and  that  the  petition  was 
signed  by  the  elector  in  the  presence  of  the  witness.  The  petition 
may  be  in  the  form  of  separate  sheets,  each  sheet  containing  at 
the  top  thereof  the  petition  as  above  set  forth,  and  when  bound  to- 
gether and  offered  for  filing  these  shall  be  deemed  to  constitute 
one  petition. 

§  17.  Summary  proceeding  to  review  sufficiency  of  petition. 
Such  a  petition,  which  complies  with  the  requirements  of  this 
article  both  as  to  form  and  number  of  signers  and  manner  of  exe- 
cution, shall  be  accepted  as  prima  facie  sufficient.  The  supreme 
court,  or  any  justice  thereof  within  the  judicial  district,  or  the 
county  judge  of  the  county  wherein  the  city  is  located,  shall  have 
summary  jurisdiction  upon  complaint  of  an  elector,  to  determine 
the  sufficiency  of  the  petition,  and  the  genuineness  of  the  signa- 
tures thereon  and  the  qualifications  of  the  electors  signing  the 
same,  and  may  mal^e  such  order  in  the  premises  as  justice  may 
require;  but  such  summary  proceeding  shall  be  instituted  within 
ten  days  after  presentation  of  the  petition. 

§  18.  Submission  of  questions  at  general  city  election.  Within 
five  days  after  the  petition  shall  have  been  filed  with  him,  the 
city  clerk  shall  transmit  a  certified  copy  thereof  to  the  commis- 
sioner of  elections  (except  that  the  signatures  upon  the  petition, 
and  the  acknowledgment  or  proof  thereof  need  not  be  copied, 
but  in  place  thereof  the  city  clerk  shall  state  the  number  of  signa- 
tures of  electors  thereon).  If  the  petition  shall  have  been  filed 
with  the  city  clerk  (or,  in  case  a  summary  proceeding  has  been 
instituted,  a  final  order  thereon  has  been  made  in  favor  of  the 
sufiiciency  of  the  petition)  not  more  than  three  months  and  not 
less  than  one  month  prior  to  a  general  city  election  the  commis- 
sioner of  elections  shall  oause  the  question  or  questions  proposed 
by  the  petition  to  be  duly  submitted  to  a  vote  of  the  electors  of 
the  city  at  such  general  city  election. 


6 

§  19.  Submission  of  questions  at  special  election.  If  a  petition 
is  not  filed  (or  a  final  order  made)  so  as  to  permit  the  questions 
to  be  submitted  at  a  general  city  election,  within  the  provisions 
of  the  preceding  section,  the  common  council  shall  at  its  next 
regular  meeting  succeeding  the  presentation  of  the  petition  desig- 
nate a  day  for  the  holding  of  a  special  election  to  ascertain  the  will 
of  the  electors  regarding  the  questions,  which  day  shall  not  be  less 
than  one  month  nor  more  than  two  months  thereafter;  except  that 
no  such  special  election  shall  be  held  in  either  the  months  of  July 
or  August,  and  the  common  council  shall  instead  thereof  name  a 
day  in  September.  The  provisions  of  the  election  law,  governing 
the  registration  of  voters,  equipment  of  polling  places,  furnishing 
of  supplies,  voting,  and  canvass  of  return  of  votes,  at  an  election 
other  than  a  general  election,  shall  apply  to  such  special  election. 
The  common  council  is  hereby  authorized  to  appropriate  and  ex- 
pend from  monies  raised  by  taxation,  the  necessary  expense  of 
such  special  election ;  and  if  monies  shall  not  be  available  for  that 
purpose,  to  borrow  on  temporary  loan,  the  amount  necessary  there- 
for; and  to  raise  the  amount  of  the  principal  and  interest  there- 
of by  tax  in  the  same  manner  as  other  city  expenses. 

§  20.  Publication  of  notice  and  conduct  of  election.  The  city 
clerk  shall  give  notice  of  the  submission  of  the  questions  by  forth- 
with posting  in  at  least  four  public  places  in  the  city  notice  of  the 
filing  of  the  petition  and  the  character  of  the  questions  to  be  sub- 
mitted, and  the  commissioner  of  elections  shall  during  the  four 
weeks  next  preceding  the  election  publish  notice  of  the  submission 
of  the  questions  in  the  same  manner  as  is  required  in  the  case  of 
the  submission  of  a  special  question  to  the  electors  of  the  city. 
Whenever  the  questions  shall  be  submitted  at  a  special  election, 
the  election  ofiicers  who  shall  have  been  appointed  to  serve  at  the 
general  city  election  next  succeeding,  or  if  none  shall  have  been 
appointed  then  those  election  ofiicers  who  were 'appointed  to  serve 
at  the  last  election  held  in  the  city,  shall  serve  within  their  districts 
at  such  special  election,  and  shall  receive  the  same  compensation. 
The  polling  places  shall  be  the  same  as  were  designated  for  the 
holding  of  the  preceding  general  city  election,  and  the  commis- 
sioner of  elections  shall  furnish  for  use  therein  the  same  equipment 
as  at  a  general  city  election,  so  far  as  the  same  may  be  necessary. 

§  21.  Form  of  ballot;  voting  machines.  The  general  form  of 
ballot  shall  conform  as  nearly  as  may  be  to  the  requirements  of 
section  three  hundred  and  thirty-two  of  the  election  law.     In  a 


citv  of  less  than  twenty-five  thousand  inhabitants,  if  the  plan  to 

be  submitted  is  plan  A,  plan  B  or  plan  D,  there  shall  be  printed 

at  the  left  of  questions  two  and  three  only  one  voting  square  for 

each  of  said  questions,  and  at  the  left  of  each  of  said  voting 

squares  shall  be  printed   the  word  "Yes"   and   there   shall   be 

printed  on  the  stub  at  the  top  of  the  ballot  above  the  directions 

to  the  voters  prescribed  in  section  three  hundred  and  thirty-two 

of  the  election  law,  the  following  direction: 

"  Vote  on  question  one,  and  on  question  two  OR  question  three." 

"Do  NOT  vote  on  BOTH  question  two  AISFD  question  three." 

In  case  voting  machines  are  in  use  in  the  city,  they  shall  be  used 

at  the  special  election. 

§  22.  Submission  of  but  one  plan  at  an  election.  The  ques- 
tion of  the  adoption  of  not  more  than  one  plan  may  be  submitted  at 
an  election.  If  pending  the  determination  of  the  question  or  ques- 
tions proposed  by  a  petition  already  filed,  another  petition  pre- 
senting the  question  of  the  adoption  of  a  different  plan  shall  be 
presented,  no  action  whatever  shall  be  taken  upon  the  later  pe- 
tition until  after  the  submission  to  a  vote  of  the  question  or  ques- 
tions proposed  by  the  earlier  petition.  Should  the  result  of  such 
vote  be  adverse  thereto,  proceedings  shall  then  be  had  upon  the 
later  petition  as  though  the  same  had  been  presented  upon  the 
day  such  vote  was  cast. 

§  23.  Effect  of  adoption  of  plan.  If  a  majority  of  the  total 
number  of  votes  cast  for  and  against  its  adoption,  at  a  special  or 
general  city  election  upon  the  adoption  of  one  of  the  plans  of 
government  provided  for  in  this  act,  shall  be  in  favor  of  its  adop- 
tion, the  provisions  of  this  act,  so  far  as  applicable  to  the  form  of 
government  under  the  plan  adopted  by  the  city,  shall  supersede 
the  provisions  of  the  charter  and  of  the  general  and  special  laws 
relating  thereto  and  inconsistent  herewith,  but  not,  however,  until 
officers  provided  for  under  such  plan  shall  have  been  duly 
elected  and  their  terms  of  office  shall  have  commenced.  The 
officers  provided  for  under  the  plan  so  adopted  shall  be  elected  in 
accordance  ^\ath  the  provisions  of  this  chapter  relating  to  such 
plan,  at  the  general  city  election  next  succeeding  the  adoption  of 
such  plan,  and  their  terms  of  office  shall  commence  on  the  first 
day  of  the  second  calendar  month  next  succeeding  their  election, 
and  thereupon  the  term  of  office  of  each  elected  officer  of  the  city 
then  in  office,  excepting  the  officers  provided  for  in  sections  forty- 
five  and  forty-six  of  this  chapter,  shall  expire.     In  a  city  of  less 


8 

than  twenty-five  thousand  inhabitants,  if  the  plan  so  adopted  is 
plan  A,  plan  B  or  plan  D,  if  the  number  of  voters  voting  "  Yes  "  on 
question  number  two  is  greater  than  or  equal  to  the  number  of 
voters  voting  "  Yes  "  on  question  number  three,  the  council  shall 
be  composed  of  five  members.  If  the  number  of  voters  voting 
"  Yes  "  on  question  number  three  is  greater  than  the  number  of 
voters  voting  "  Yes  "  on  question  number  two,  the  council  shall  be 
composed  of  three  members.  If  a  voter  shall  vote  "  Yes  "  on  both 
questions  two  and  three,  his  ballot  shall  not  thereby  be  invalidated, 
but  his  vote  shall  not  be  counted  as  a  vote  on  either  of  said  ques- 
tions two  and  three. 

§  24.  Effect  of  rejection  of  plan.  Should  a  majority  of  the 
votes  so  cast  be  against  the  adoption  of  the  plan  proposed  no  peti- 
tion proposing  the  same  plan  shall  be  presented  within  one  year 
thereafter;  but  a  petition  proposing  the  adoption  of  one  of  the 
other  plans  provided  for  in  this  act  may  be  presented  at  any  time 
thereafter,  and  proceedings  thereon  shall  be  had  as  though  no 
prior  petition  under  this  act  had  been  presented. 

§  25.  Continuance  of  plan  when  adopted.  Should  any  one 
of  the  plans  of  government  provided  for  in  this  act  be  adopted,  the 
same  shall  continue  in  force  and  effect  for  the  period  of  at  least 
four  years  after  the  commencement  of  the  terms  of  office  of  the 
officials  elected  thereunder,  and  no  petition  proposing  a  different 
plan  shall  be  presented  during  a  period  of  three  years  and  six 
months  after  such  adoption. 

In  a  city  of  less  than  twenty-five  thousand  inhabitants,  which  has 
adopted  plan  A,  plan  B  or  plan  D,  the  question,  Avhether  the 
council  of  said  city  under  said  plan  shall  be  changed  from  a  council 
composed  of  five  members  to  a  council  composed  of  three  members 
or  vice  versa,  may,  at  any  time  after  the  expiration  of  the  said 
period  of  four  years,  be  presented  and  voted  upon  in  like  manner, 
as  herein  prescribed  for  presenting  and  voting  upon  the  question 
of  the  adoption  of  a  different  plan. 

§  26.  Duty  of  city  clerk  on  adoption  of  plan.  It  shall  be  the 
duty  of  the  city  clerk  of  any  city  adopting  any  one  of  the  plans 
herein  provided  for,  within  thirty  days  after  the  election  at  which 
such  plan  is  adopted,  to  prepare  a  complete  record  of  all  the  pro- 
ceedings had  in  regard  thereto,  which  shall  include  the  original 
affidavits  of  the  publication  of  the  notice  of  the  election,  with 
copies  of  the  notice  as  published,  attached,  a  specimen  of  tlu- 
ballots  used  at  the  election,  and  a  certified  copy  of  the  canvass 


9 

of  the  votes  cast  at  such  election,  and  to  transmit  such  record  to 
the  office  of  the  secretary  of  state,  where  it  shall  be  kept  as  a 
public  record.  It  shall  be  the  duty  of  the  secretary  of  state  to  cause 
to  be  published  separately  under  an  appropriate  heading,  in  the 
appendix  of  the  session  laws  of  each  year,  the  names  of  the  cities 
wdiich  have  accepted  any  of  the  plans  of  government  provided  for 
in  this  act,  with  a  statement  of  the  plan  adopted  and  the  date  of 
adoption,  and  such  statement  so  published  shall  be  conclusive 
evidence  of  such  adoption. 

AETICLE  III. 

Genekal  Peovisions  Applicable  to  Each  Method  of  Govern- 
ment. 

Section  35.  Application  of  sections  of  this  article. 

36.  Exercise  of  legislative  powers  by  council. 

37.  Effect  upon  provisions  of  existing  law  of  adoption  ol 

ordinance   regulating   subject-matter   thereof. 

38.  Terms  of  office. 

39.  Vacancies. 

40.  Penalties  for  misconduct. 

41.  Qualifications  and  disabilities. 

42.  Power  to  issue  subpoenas. 

43.  Assessment  of  property  for  purpose  of  general  taxa- 

tion or  for  local  improvements. 

44.  Judicial  officers. 

45.  Boards  of  education. 

46.  Civil  service. 

47.  Civil  service  commissioners. 

48.  Administration  of  pension  and  other  special  funds. 

49.  Temporary  appointment  in  case  of  disability. 

50.  Access  to  records  of  city  officers. 

51.  General  powers  of  the  mayor. 

§  35.  Application  of  sections  of  this  article.  Unless  otherwise 
especially  provided,  the  sections  contained  in  this  article  shall 
apply  to  the  plans  of  government  defined  in  this  act  as  plan  A,  B, 
C,  D,  E,  F  and  G. 

§  36.  Exercise  of  legislative  powers  by  council.  Except  as  in 
this  section  especially  regulated,  the  legislative  powers  of  the  coun- 
cil of  the  city  may  be  exercised  as  provided  by  ordinance  or  rule 
adopted  by  it.    1.  Each  member  of  the  council  shall  have  the  right 


10 

to  vote  on  any  question  coming  before  it;  a  majority  of  the  coun- 
cil shall  constitute  a  quorum,  and  the  affirmative  vote  of  a  majority 
of  all  the  members  of  the  coimcil  shall  be  necessary  to  adopt  any 
motion,  resolution  or  ordinance. 

2.  Eegular  meetings  of  the  council  shall  be  held  weekly  at  a 
time  and  place  fixed  by  ordinance ;  special  meetings  may  be  called 
by  any  member  on  three  days'  notice,  specifying  the  object  of  the 
meeting.  All  legislative  sessions  shall  be  open  to  the  public,  and 
every  matter  coming  before  the  council  for  disposition  shall  be 
put  to  a  vote  whereon  the  ayes  and  nays  shall  be  called  and  re- 
corded. A  full  and  accurate  journal  of  the  proceedings  of  the 
council  shall  be  kept,  and  shall  be  open  to  the  inspection  of  any 
elector  of  the  city. 

3.  The  council  shall  appoint  a  city  clerk,  who  shall  have  such 
powers  and  perform  such  duties  as  the  council  may  from  time  to 
time  prescribe,  in  addition  to  such  duties  as  may  be  prescribe(il)y 
law;  the  city  clerk  shall  keep  the  minutes  of  the  meetings  of  the- 
council.  p 

§  37.  Effect  upon  provisions  of  existing  law  of  adoption  of 
ordinance  regulating  subject-matter  thereof.  Until  superseded  as 
herein  provided,  all  provisions  of  law  regulating  the  exercise  of 
the  powers  and  the  performance  of  the  duties  of  officers  and  em- 
ployees of  any  city  shall  continue  in  full  force  and  effect.  The 
council  under  any  one  of  the  plans  of  government  defined  in  this 
act  as  plan  A,  B,  C,  D,  E  or  F  shall  have  power,  subject  to  the 
provisions  of  this  act,  to  confer  by  ordinance  upon  any  officer  or 
employee  .of  the  city  any  powers,  or  to  impose  upon  any  such 
officer  or  employee  any  duties,  theretofore  conferred  or  imposed 
upon  any  officer  or  employee  by  provision  of  law,  and  such  powers 
or  duties  shall  thereupon  devolve  upon  or  be  discharged  by  such 
officer  or  employee  upon  whom  the  same  shall  have  been  so  con- 
f errciQ  or  imposed ;  but  the  provisions  of  law  regulating  the  exer- 
cise of  such  powers  or  the  performance  of  such  duties  shall,  subject 
to  being  superseded  as  herein  provided,  continue  in  force  and 
apply  to  the  exercise  or  performance  thereof  by  the  officer 
or  employee  upon  whom  such  powers  or  duties  are  conferred  or 
imposed,  and  whenever  by  any  such  ordinance  all  the  powers  and 
duties  of  any  appointive  officer  or  employee  of  the  city  are  con- 
ferred or  imposed  upon  one  or  more  other  officers  or  employees, 
such  ordinance  may  abolish  the  office  or  employment  held  by  the 
officer  or  employee  whose  powers  and  duties  shall  have  ceased, 


11 

and  thereupon  the  term  of  office  or  employment  of  such  officer  or 
employee  shall  expire.  The  council  under  any  one  of  the  plans  of 
government  defined  in  this  act  as  plan  A,  B,  C,  D,  E  or  F  shall, 
subject  to  the  provisions  of  this  act,  have  power  to  regulate  by 
ordinance  the  exercise  of  any  power  and  the  performance  of  any 
duty  by  any  officer  or  employee  of  the  city ;  and  upon  the  passing 
of  any  such  ordinance  every  provision  of  the  charter  or  of  the 
second  class  cities  law,  applicable  to  such  city,  regulating  the 
matters,  or  any  of  them,  provided  for  in  such  ordinance,  shall 
cease  to  have  any  force  or  effect  in  such  city.  But  nothing  herein 
contained  shall  be  deemed  to  authorize  the  repeal  or  superseding 
of  any  provisions  of  law  regulating  the  manner  in  which,  or  the 
conditions  subject  to  which,  franchises  may  be  granted,  or  city 
real  estate  leased  or  sold,  or  municipal  indebtedness  incurred  in 
any  city,  except  to  the  extent  of  transferring  powers  or  duties 
relating  thereto  to  officers  or  employees  of  the  city;  and  nothing 
herein  contained  shall  be  deemed  to  authorize  the  repeal  or  super- 
seding of  any  provision  of  law  requiring  any  matter  to  be  sub- 
mitted to  the  vote  of  the  electors  or  taxpayers. 

§  38.  Terms  of  office.  The  terms  of  office  of  the  mayor  and 
members  of  the  council  under  plan  A,  B,  C,  D,  E  or  F,  shall  be 
four  years;  provided,  however,  that  the  terms  of  the  members, 
other  than  the  mayor,  composing  the  council  first  to  be  elected 
hereunder  shall  be  as  follows: 

If  the  number  of  the  council  be  a  number  equally  divisible  by 
two  (excluding  the  mayor  where  he  is  a  member  of  the  council), 
the  terms  of  the  one-half  receiving  the  highest  number  of  votes 
shall  be  four  years,  and  the  terms  of  the  remaining  one-half  shall 
be  two  years ;  should  the  number  of  the  councilmen  be  a  number 
not  equally  divisible  by  two  then  the  terms  of  the  one-half  receiv- 
ing the  lowest  number  of  votes  plus  the  councilman  receiving  the 
next  highest  number  of  votes  shall  be  two  years,  and  the  terms 
of  the  remaining  councilmen  shall  be  four  years.  The  salary  of 
a  mayor  or  of  a  councilman  shall  not  be  increased  during  his  term 
of  office. 

§  39.  Vacancies..  If  under  plan  A,  B,  C,  D,  E  or  F,  a  vacancy 
exist  or  occur  in  the  office  of  mayor  or  councilman,  the  council 
shall  appoint  a  qualified  person  to  fill  such  vacancy  until  the  first 
day  of  January  following  the  next  general  city  election,  at  which 
a  successor  shall  be  elected  for  the  full  unexpired  term. 


12 

§  40.  Penalties  for  misconduct.  The  members  of  the  council 
shall  be  subject  to  all  the  penalties  for  nonperformance  or  malfeas- 
ance in  office  imposed  upon  common  councils,  aldermen  or  council- 
men,  under  the  charter  or  the  general  laws  of  the  state. 

§  41.  Qualifications  and  disabilities  of  mayor  and  councilmen. 
No  person  shall  be  eligible  to  the  office  of  mayor  or  councihnan 
who  shall  not  at  the  time  of  his  nomination  be  a  citizen  of  the 
United  States  and  a  resident  of  the  city.  The  acceptance  by  the 
mayor  or  any  member  of  the  council  of  any  other  civil  office  shall 
operate  to  vacate  his  office  as  mayor  or  councilman.  Neither  the 
mayor,  nor  any  councilman,  shall  be  or  become  in  any  way  directly 
or  indirectly  interested  in  any  contract  to  which  the  city  is  a  party ; 
a  violation  hereof  shall  render  any  such  contract  absolutely  void. 

§  42.  Power  of  investigation.  The  council,  or  the  mayor,  shall 
have  the  power  to  inquire  into  any  matter  relating  to  the  aifairs 
of  the  city,  to  compel  by  subpoena  the  attendance  of  witnesses 
and  the  production  of  books  and  papers  material  to  any  such  in- 
quiry, to  administer  oaths  to  witnesses  and  to  examine  them 
and  such  books  and  papers. 

§  43.  Assessment  of  property  for  purposes  of  general  taxation 
and  local  improvements.  The  council  under  plans  A,  B  and 
C,  shall  succeed  to  all  the  powers  and  shall  perform  all  the  duties 
with  the  like  result  in  law  of  the  board  of  assessors,  or  other  official 
or  officials  of  the  city  performing  like  functions;  but  the  council 
may,  in  its  discretion,  provide  by  ordinance  for  the  appointment 
of  an  assessor  or  assessors,  and  in  such  event  such  assessor  or 
assessors  shall  succeed  to  such  powers  and  perform  such  duties 
in  place  of  the  council.  Under  plans  D,  E  and  F,  the  mayor, 
with  the  advice  and  consent  of  the  council,  shall  appoint  an  as- 
sessor or  assessors. 

§  44.  Judicial  officers.  The  city  judge  or  judges,  and  justices 
of  the  peace  and  other  judicial  officers  if  any  within  the  city,  shall 
continue  to  be  elected  as  heretofore,  but  if  by  the  charter  or  by 
general  law  such  judge  or  judges  are  appointive  they  shall  con- 
tinue to  be  appointed,  by  the  council  elected  under  plans  A,  B  and 
C,  or  by  the  mayor  elected  under  plans  D,  E  and  F,  and  for  such 
terms  as  are  now  fixed. 

§  45.  Board  of  education.  Nothing  in  this  act  shall  be  con- 
strued as  affecting  the  provisions  of  the  charter,  or  tlie  general 
law,  relating  to  boards  of  education,  their  powers  and  duties,  and 
the  control  of  the  schools  and  the  funds   pertaining   thereto. 


13 

Boards  of  education  shall  continue  to  be  elected  or  appointed 
within  the  city  as  provided  by  law. 

§  46.  Civil  service.  All  appointments,  promotions,  removals 
and  changes  in  status  in  the  civil  service  of  the  city  shall  be 
made  in  accordance  with  the  provisions  of  the  civil  service  law. 
The  legislative  employees  of  the  city  shall  be  the  city  clerk  and 
sergeant-at-arms  of  the  council. 

§  47.  Civil  service  commissioners.  Subject  to  the  provisions  of 
the  civil  service  law,  the  council  under  plans  A,  B  and  C,  and 
the  mayor  under  plans  D,  E  ancf  F,  shall  appoint  three  persons 
as  civil  service  commissioners  to  serve  for  two,  four  and  six  years 
respectively.  Each  alternate  year  thereafter  there  shall  be  ap- 
pointed one  person  as  the  successor  of  the  commissioner  whose 
term  expires,  to  serve  for  six  years.  Any  vacancy  shall  be  filled 
for  the  unexpired  term  in  the  same  manner  as  an  original  ap- 
pointment. Xot  more  than  two  members  of  the  commission  shall 
be  adherents  of  the  same  political  party,  and  no  member  shall 
hold  any  other  public  office  to  which  a  salary  is  attached.  A  com- 
missioner may  be  removed  'during  his  term  of  office  by  the  unan- 
imous vote  of  the  council,  and  upon  stating  in  writing  the  reasons 
for  removal,  and  after  allowing  him  opportunity  of  making  an 
explanation. 

§  48.  Administration  of  pension  and  other  special  funds. 
Where  the  administration  of  pension,  or  other  special  funds,  not 
essential  to  the  ordinary  functions  of  city  government,  is  en- 
trusted by  the  charter  to  a  definitely  constituted  body,  such  funds 
shall  continue  to  be  so  administered.  Where  the  administration 
is  committed  to  city  officers,  they  shall  continue  to  be  administered 
by  officers  performing  like  functions,  if  they  exist,  or  if  not  by 
the  council.  The  council  shall  have  power  to  create  special  funds 
and  to  fix  rules  for  their  administration. 

§  49.  Temporary  appointment  in  case  of  disability  of  city  offi- 
cer. Whenever,  under  plan  A,  B,  C,  D,  E  or  F,  the  mayor,  or  any 
councilman,  shall  be  temporarily  unable  for  any  cause  to  perform 
the  duties  of  his  office,  the  council  may  appoint  one  of  its  members 
to  exercise  his  powers  and  perform  his  duties  during  such  dis- 
ability. Should  an  appointive  officer  of  the  city,  under  plan  A, 
B,  C,  D,  E  or  F,  be  temporarily  unable  for  any  cause  to  perform 
his  duties,  the  council  or  the  mayor,  having  the  power  of  original 
appointment,  may  make  a  temporary  appointment  of  some  per- 
son to  act  until  such  official  shall  resume  his  duties. 


14 

§  50.    Access  to  records  of  city  offices.     The  mayor,  and  any 

councilman,  shall  have  access  to  all  records,  books,  documents  and 
other  papers  in  any  city  department  or  office,  at  any  time. 

§  51.  General  powers  of  the  mayor.  In  addition  to  the  powers 
conferred  upon  the  mayor  under  either  plan  A,  B,  C,  D,  E  or  F, 
the  mayor  shall  have  the  custody  of  the  seal  of  the  city,  and  shall 
authenticate  the  acts  of  the  council  and  all  instruments  and  papers 
authorized  so  to  he  authenticated;  in  cases  where  the  mayor  is 
authorized  by  law  to  sit  with  the  supervisors  as  a  commissioner 
of  charities,  he  shall  continue  so  to  act.  In  addition  the  mayor 
shall  possess  and  exercise  such  other  powers  and  perform  such 
duties  as  are  now  conferred  or  imposed  by  law  upon  the  mayor 
of  the  city,  if  not  inconsistent  with  the  provisions  of  this  chapter. 
The  mayor  shall  have  charge  of  all  civic  functions,  celebrations, 
receptions  and  courtesies,  shall  sign  all  contracts  of  every  kind 
and  nature  to  which  the  city  is  a  party,  and  shall  perform  such 
other  ministerial  functions  as  the  council  may  from  time  to  time 
direct. 

ARTICLE  IV. 

Government  by  Limited  Counciu 

TITLE  I. 

Government    by   Limited    Council,    with    Division   of   Ad- 
ministrative Duties. 

Section  TO.  Definitions. 

71.  Application  of  title. 

72.  Legislative,  executive  and  administrative  powers  of 

city  vested  in  council. 

73.  Salaries. 

74.  Exercise  of  executive  and  administrative  powers  by 

council. 

75.  Division  of  administrative  duties. 

76.  Appointive  officers. 

77.  Powers  and  duties  of  mayor. 

§  70.  Definitions.  The  method  of  city  government  provided 
for  in  this  title  is  defined  in  this  act  as  plan  A. 

§  71.  Application  of  title.  Upon  the  adoption  of  plan  A  by 
a  city  in  the  method  prescribed  by  this  act,  such  plan  shall  be- 
come operative  as  provided  in  section  twenty-three  hereof,  and  its 


15 

powers  of  government  shall  be  exercised  as  in  this  article  pre- 
scribed. 

§  72.  Legislative,  executive  and  administrative  powers  vested 
in  conncil.  All  the  legislative,  executive  and  administrative 
powers  of  the  city  howsoever  conferred  upon  or  possessed  by  it, 
are  hereby  vested  in  and  to  be  exercised  by  a  board  to  be  known 

and  styled  as  "  the  council  of  the  city  of ," 

save  as  may  be  hereafter  especially  excepted.  Such  council  shall 
be  composed  of  a  mayor  and  four  councilmen  elected  at  large, 
except  that  in  cities  of  less  than  twenty-five  thousand  inha^bitants 
it  shall  be  composed  of  a  mayor  and  four  councilmen,  or  of  a 
mayor  and  two  councilmen,  as  determined  by  the  vote  thereon  as 
provided  in  section  twenty-three  hereof.  It  shall  be  for  all  pur- 
poses the  common  council  of  the  city. 

§  73.  Salaries  of  members  of  the  council.  The  councilmen 
shall  receive  the  following  compensation,  payable  monthly,  in 
equal  monthly  installments :  In  every  city  having  less  than  eight 
thousand  inhabitants,  four  hundred  dollars;  eight  thousand  or 
more  and  less  than  ten  thousand,  five  hundred  dollars;  ten  thou- 
sand or  more  and  less  than  fifteen  thousand,  one  thousand  two  hun- 
dred dollars ;  fifteen  thousand  or  more  and  less  than  twenty  thou- 
sand, one  thousand  seven  hundred  dollars;  twenty  thousand  or 
more  and  less  than  thirty  thousand,  two  thousand  dollars;  thirty 
thousand  or  more  and  less  than  forty  thousand,  two  thousand  five 
hundred  dollars ;  forty  thousand-  or  more  and  less  than  seventy-five 
thousand,  three  thousand  five  hundred  dollars;  seventy-five  thou- 
sand or  more  and  less  than  one  hundred  thousand,  four  thousand 
dollars;  one  hundred  thousand  or  more,  four  thousand  five  hun- 
dred dollars.  The  salary  of  the  mayor  shall  be  one-fourth  greater 
than  the  salary  of  the  councilman,  and  payable  in  like  manner. 

§  74.  Exercise  of  executive  and  administrative  powers.  The 
council  shall  have  and  possess  all  the  powers  of  and  shall  either 
perform  or  shall  supervise  and  provide  for  the  performance  of  all 
the  duties  heretofore  imposed  upon  the  mayor,  the  various  city  de- 
partments, city  boards  and  commissions,  the  heads  of  city  depart- 
ments, and  all  other  ofiicers  of  the  city  whether  elective  or 
appointive,  except  as  in  this  act  otherwise  provided.  The  council 
shall  divide  the  administration  of  the  city  into  departments,  and 
determine  and  prescribe  the  jurisdiction  and  duties  of  each  de- 
partment, and  the  powers  and  duties  of  the  officers  and  employees 
therein,  and  make  such  rules  and  regulations  for  the  conduct  of 


16 

each  department  as  it  may  deem  desirable  for  the  purpose  of 
securing  efficiency  and  economy  in  administration. 

§  75.  Division  of  administrative  duties.  The  council  shall, 
except  as  in  this  act  otherwise  provided,  from  time  to  time  desig- 
nate and  assign  the  particular  administrative  duties  of  each  of  its 
members,  and  each  member  of  the  council  shall  be  designated  for 
particular  service  as  the  head  of  one  or  more  departments,  over 
which  he  shall  have  special  oversight  and  direction,  subject  to  the 
provisions  of  this  act  and  the  ordinances  of  the  council.  Such 
designations  and  assignments  may  be  changed  whenever  desired 
by  the  council,  and  during  any  temporary  disability  or  absence  of 
a  councilman  the  council  may  designate  another  member  to  act 
until  the  disabled  or  absent  councilman  shall  resume  his  duties. 

§  76.  Appointive  oiRcers.  The  council  first  elected  shall  at  its 
first  meeting,  or  as  soon  thereafter  as  practicable,  determine  what 
appointive  officers  are  necessary  for  the  proper  and  efficient  ad- 
ministration of  the  city,  and  shall  prescribe  the  qualifications, 
powers  and  duties  of  such  officers,  and  fix  their  compensation ;  the 
council  shall  forthwith,  or  as  soon  as  desirable,  make  appointments 
to  fill  such  offices.  All  other  employees  of  the  city  shall  be  em- 
ployed by  the  council,  or  under  its  authority.  Any  officer,  or  em- 
ployee, whether  appointed  by  the  council,  or  under  its  authority, 
may  be  removed  by  the  council. 

§  77.  Powers  and  duties  of  the  mayor.  The  mayor  shall  attend 
the  meetings  of  the  council  and  preside  thereat ;  he  shall  have  the 
same  power  as  a  councilman  to  vote  upon  all  matters  coming  before 
the  council,  but  shall  have  no  veto  power.  It  shall  be  the  duty 
of  the  mayor  to  acquaint  himself  with  the  conduct  of  each  of  the 
city  departments,  and  from  time  to  time  to  report  to  the  council 
thereon,  with  such  recommendations  as  he  shall  deem  desirable. 

TITLE  II. 

Government  by  Limited  Council,  with  Collective  Super- 
vision. 

Section  78.  Definitions. 

79.  Application  of  title. 

80.  Legislative,  executive  and  administrative  powers  of 

city  vested  in  council. 

81.  Salaries. 


17 

82.  Exercise  of  executive  and  administrative  powers  by 

council. 

83.  Appointive  officers. 

84.  Powers  and  duties  of  major. 

§  78.  Definitions.  The  method  of  city  government  provided  for 
in  this  title  is  defined  as  plan  B. 

§  79.  Application  of  title.  Upon  the  adoption  of  plan  B  by  a 
city  in  the  method  prescribed  by  this  act,  such  plan  shall  become 
operative  as  provided  in  section  twenty-three  hereof,  and  its 
powders  of  government  shall  be  exercised  as  in  this  article  pre- 
scribed. 

§  80.  Legislative,  executive  and  administrative  powers  vested 
in  council.  All  the  legislative,  executive  and  administrative 
powers  of  the  city,  howsoever  conferred  upon  or  possessed  by  it, 
are  hereby  vested  in  and  to  be  exercised  by  a  board  to  be  known 

and  styled  as  "  the  council  of  the  city  of ,"  save  as  may 

be  hereafter  especially  excepted.  Such  council  shall  be  composed 
of  a  mayor  and  four  councilmen  elected  at  large,  except  that  in 
cities  of  less  than  twenty-five  thousand  inhabitants  it  shall  be 
composed  of  a  mayor  and  four  councilmen,  or  of  a  mayor  and  two 
councilmen,  as  determined  by  the  vote  thereon  as  provided  in  sec- 
tion twenty-three  hereof.  It  shall  be  for  all  purposes  the  com- 
mon council  of  the  city. 

§  81.  Salaries  of  members  of  the  council.  The  members  of 
the  council  shall  receive  the  following  compensation,  payable 
monthly,  in  equal  monthly  instalments :  In  every  city  having  less 
than  ten  thousand  inhabitants,  three  hundred  dollars ;  ten  thousand 
or  more  and  less  than  twenty-five  thousand,  five  hundred  dollars ; 
twenty-five  thousand  or  more  and  less  than  fifty  thousand,  seven 
hundred  and  fifty  dollars ;  fifty  thousand  or  more  and  less  than  one 
hundred  thousand,  one  thousand  dollars ;  one  hundred  thousand  or 
more,  twelve  hundred  dollars. 

§  82.  Exercise  of  executive  and  administrative  powers.  The 
council  shall  have  and  possess  all  the  powers  of  and  shall  either 
perform  or  shall  supervise  and  provide  for  the  performance  of 
all  the  duties  heretofore  imposed  upon  the  mayor,  the  various 
city  departments,  city  board's  and  commissions,  the  heads  of  city 
departments,  and  all  other  officers  of  the  city  w^hether  elective  or 
appointive  except  as  in  this  act  otherwise  provided.     The  council 


18 

shall  divide  the  administration  of  the  city  into  departments,  and 
determine  and  prescribe  the  jurisdiction  and  duties  of  each  depart- 
ment, and  the  powers  and  duties  of  the  officers  and  employees 
therein,  and  make  such  rules  and  regulations  for  the  conduct  of 
each  department  as  it  may  deem  desirable  for  the  purpose  of 
securing  efficiency  and  economy  in  administration. 

§  83.  Appointive  officers.  The  council  first  elected  shall  at  its 
first  meeting,  or  as  soon  thereafter  as  practicable,  determine  what 
appointive  officers  are  necessary  for  the  proper  and  efficient 
administration  of  the  city,  and  shall  prescribe  the  qualifications, 
powers  and  duties  of  such  officers,  and  fix  their  compensation; 
the  council  shall  forthwith,  or  as  soon  as  desirable,  make  ap- 
pointments to  fill  such  offices.  All  other  employees  of  the  city 
shall  be  employed  by  the  council,  or  under  its  authority.  Any 
officer,  or  employee,  whether  appointed  by  the  council,  or  under  its 
authority,  may  be  removed  by  the  council. 

§  84.  Powers  and  duties  of  the  mayor.  The  mayor  shall  attend 
the  meetings  of  the  council  and  preside  thereat ;  he  shall  have  the 
same  power  as  a  councilman  to  vote  upon  all  matters  coming  be- 
fore the  council,  but  shall  have  no  veto  power.  It  shall  be  the  duty 
of  the  mayor  to  acquaint  himself  with  the  conduct  of  each  of  the 
city  departments,  and  from  time  to  time  to  report  to  the  council 
thereon,  with  such  recommendations  as  he  shall  deem  desirable. 

ARTICLE  V. 

Government   by   Limited   Council,    with   Appointive   City 

Manaqek. 
Section  85.  Definitions. 

86.  Application  of  article. 

87.  Legislative  powers  vested  in  council. 

88.  Salaries. 

89.  Powers  and  duties  of  mayor. 

90.  Administrative  and  executive  powers. 

91.  General  duties  of  city  manager. 

92.  Appointment  of  city  officers  and  employees. 

93.  Powers  and  duties  of  other  city  officers. 

§  85.  Definitions.  The  method  of  city  government  provided 
for  in  this  article  is  defined  in  this  act  as  plan  C. 

§  86.  Application  of  article.  Upon  the  adoption  of  plan  C 
by  a  city  in  the  method  prescribed  by  this  act,  such  plan  shall 


19 

become  operative  as  provided  in  section  twenty-three  hereof,  and 
its  powers  of  government  shall  be  exercised  a^  in  this  act  provided. 

§  87.  Legislative  powers  vested  in  council.  All  the  legislative 
powers  of  the  city,  however  conferred  upon  or  possessed  by  it,  are 
hereby  vested  in  a  board  to  be  known  as  the  ^'  Council  of  the  city 
of  ."    8uch  council  shall  be  composed  of  a  mayor 

and  four  oouncilmen  in  third  class  cities,  and  of  a  mayor  and  six 
councilmen  in  second  class  cities  all  of  whom  shall  be  elected  at 
large.    It  shall  be  for  all  purposes  the  conamon  council  of  the  city. 

§  88.  Salaries  of  members  of  the  council.  The  members  of  the 
council  shall  receive  the  following  compensation,  payable  monthly, 
in  equal  monthly  instalments:  In  every  city  having  less  than  ten 
thousand  inhabitants,  three  hundred  dollars ;  ten  thousand  or  more 
and  less  than  twenty-five  thousand,  five  hundred  dollars;  twenty- 
five  thousand  or  more  and  less  than  fifty  thousand,  seven  hundred 
and  fifty  dollars ;  fifty  thousand  or  more  and  less  than  one  hundred 
thousand,  one  thousand  dollars;  one  hundred  thousand  or  more, 
twelve  hundred  dollars. 

§  89.  Powers  and  duties  of  mayor.  The  mayor  shall  preside 
at  all  meetings  of  the  council.  He  shall  be  the  official  head  of  the 
city  for  service  of  civil  process,  and  under  the  military  law^,  and 
for  all  ceremonial  purposes.  He  shall  have  no  power  of  veto,  but 
shall  have  the  same  power  as  a  councilman  to  vote  upon  all 
matters  coming  before  the  council. 

§  90.  Administrative  and  executive  powers.  The  administra- 
tive and  executive  powers  of  the  city,  including  the  power  of  ap- 
pointment of  officers  and  employees,  are  vested  in  an  official  to 
be  known  as  the  city  manager,  who  shall  be  appointed  by  the 
council,  and  hold  office  during  the  pleasure  of  the  council;  he 
shall  receive  such  compensation  as  shall  be  fixed  by  the  council  by 
ordinance. 

§  91.  General  duties  of  city  manager.  The  city  manager  shall 
(1)  be  the  administrative  head  of  the  city  government;  (2)  see 
that  within  the  city  the  laws  of  the  state  and  the  ordinances, 
resolutions  and  by-laws  of  the  council  are  faithfully  exe- 
cuted; (3)  attend  all  meetings  of  the  council,  and  recommend 
for  adoption  such  measures  as  he  shall  deem  expedient;  (4)  make 
reports  to  the  council  from  time  to  time  upon  the  affairs  of  the 
city,  keep  the  council  fully  advised  of  the  city's  financial  con- 
dition, and  its  future  financial  needs;  (5)  prepare  and  submit  to 
the  council  a  tentative  budget  for  the  next  fiscal  year. 


20 

§  92.  Appointment  of  city  officers  and  employees.  Such  city 
officers  and  employees  as  the  council  shall  determine  are  neces- 
sary for  the  proper  administration  of  the  city  shall  be  appointed 
by  the  city  manager,  and  any  such  officer  or  employee  may  be  re- 
moved by  the  city  manager;  but  the  city  manager  shall  report 
each  such  appointment  and  removal  to  the  council  at  the  next 
meeting  thereof  following  any  such  appointment  or  removal. 

§  93.  Powers  and  duties  of  other  city  officers.  The  officers  and 
employees  of  the  city  shall  perform  such  duties  as  may  be  required 
of  them  by  the  city  manager,  imder  general  regulations  of  the 
council. 

ARTICLE  VI. 

Government  by  Means  of  Separate  Executive  and  Legisla- 
tive Departments. 

TITLE  L 

Legislative  Department   Consisting  of  Five  Councilmen. 

Section  100.  Definitions. 

101.  Application  of  title. 
*102.  Legislative  powers  of  the  city. 
*103.  Approval  by  mayor. 
*104.  Executive  and  administrative  powers. 
*105.  The  mayor. 
10'6.  Salaries  of  mayor  and  councilmen. 

107.  Appointive  officers  of  the  city. 

108.  Acting  mayor. 

§  100.  Definitions.  The  method  of  city  government  provided 
for  in  this  title  defined  as  plan  D. 

§  101.  Application  of  title.  Upon  the  adoption  by  a  city  of 
plan  D  in  the  method  prescribed  by  this  act,  such  plan  shall  be- 
come operative  as  provided  in  section  twenty-three  hereof,  and  its 
powers  of  government  shall  be  exercised  as  in  this  title  provided. 

§  102.  The  mayor.  There  shall  be  a  mayor  elected  at  large, 
who  shall  be  the  chief  executive  officer  of  the  city ;  he  shall  main- 
tain peace  and  good  order,  and  enforce  the  laws  and  ordinances 
therein ;  he  shall  see  that  the  duties  of  the  various  city  officers  are 
faithfully  performed.  He  may  appoint  all  officers  of  the  city  who 
are  required  by  law  or  by  the  ordinances  to  be  appointed. 

*  So  in  original. 


21 

§  103.  Legislative  powers  of  the  city.  The  legislative  powers 
of  the  city  shall  be  vested  in  a  council  which  shall  consist  of  five 
persons,  elected  at  large  except  that  in  a  city  of  less  than  twenty- 
five  thousand  inhabitants  it  shall  consist  of  five  persons  or  of 
three  persons  as  determined  by  the  vote  thereon  as  prescribed  in 
section  twenty-three  hereof.  One  of  its  members  shall  be  elected 
by  the  council  as  its  president,  to  preside  over  its  meetings  for  one 
year. 

§  104.  Approval  by  mayor.  Every  ordinance  or  resolution  of 
the  council  shall  be  presented  to  the  mayor  before  it  shall  be  of 
any  force  or  effect.  If  he  approves  it,  he  shall  sign  it,  but  if  he 
disapproves  he  shall  return  it  with  his  objections  to  the  city  clerk 
who  shall  lay  it  before  the  council  at  its  next  meeting.  The  council 
shall  enter  the  objections  upon  its  journal,  and  proceed  to  re- 
consider the  ordinance  or  resolution  so  disapproved.  If  upon 
such  reconsideration  four  of  the  members  of  the  council  composed 
of  five,. or  all  of  the  members  of  a  council  composed  of  three,  shall 
vote  in  favor  of  such  ordinance  or  resolution,  the  same  shall 
become  of  force.  If  any  ordinance  or  resolution  is  not  returned 
by  the  mayor  disapproved  by  him  within  ten  days  after  its 
presentation  to  him,  it  shall  be  of  force. 

§  105.  Executive  and  administrative  powers.  The  executive 
and  administrative  powers  of  the  city  shall  be  vested  in  the  mayor 
and  such  other  officers  as  shall  be  elected  or  appointed  pursuant  to 
this  act. 

§  106.  Salaries  of  mayor  and  councilmen.  The  members  of  tho 
council  shall  receive  a  salary  of  one-half  the  amount  provided  in 
section  seventy-three  of  this  act.  The  mayor  shall  receive  a  salary 
three  times  as  large  as  that  of  a  member  of  the  council. 

§  107.  Appointive  officers  of  the  city.  The  council  shall  by 
ordinance  designate  the  officers  and  employees  deemed  by  it  neces- 
sary for  the  proper  and  efficient  administration  of  the  city  affairs ; 
such  ordinance  shall  also  fix  their  general  duties  and  the  salary 
or  compensation  to  be  paid. 

§  108.  Acting  mayor.  If  the  mayor  shall  be  unable  to  perform 
the  duties  of  his  office,  in  consequence  of  sickness  or  temporary 
absence,  he  may  designate  a  member  of  the  council  to  act  in  his 
place,  and  the  councilman  so  designated  shall  perform  the  duties  of 
the  mayor  until  the  mayor  shall  resume  them.  While  performing 
such  duties,  the  councilman  shall  not  act  as  a  member  of  the 
council. 


22 

TITLE  11. 

Legislative  Department  Consisthstg  of  Nine  Councilmen. 
Section  110.  Definition  and  character  of  plan. 

§  110.  Definition  and  character  of  plan.  The  method  of  city 
government  provided  for  in  this  title  is  defined  as  plan  E,  and  upon 
the  adoption  by  a  city  of  plan  E  in  the  method  prescribed  by  this 
act,  such  plan  shall  become  operative  as  provided  in  section  twenty- 
three  hereof,  and  its  powers  of  government  shall  be  exercised  as 
in  this  article  provided. 

The  provisions  of  sections  one  hundred  and  two  to  one  hundred 
and  eight,  inclusive,  of  title  one  of  this  article,  shall  apply  to 
plan  E,  and  the  plan  shall  be  similar  in  all  respects  to  plan  D 
except  that  the  council  shall  consist  of  nine  persons  elected  at  large. 

TITLE  III. 

Legislative  Department  Consisting  of  Councilmen  Elected 

BY  District. 
Section  115.  Definition  and  character  of  plan. 

§  115.  Definition  and  character  of  plan.  The  method  of  city 
government  provided  for  in  this  title  is  defined  as  plan  F,  and 
upon  the  adoption  by  a  city  of  plan  F  in  the  method  prescribed 
bj  this  act  such  "plan  shall  become  operative  as  provided  in  section 
twenty-three  hereof,  and  its  powers  of  government  shall  be 
exercised  as  in  this  article  provided. 

The  provisions  of  sections  one  hundred  and  two  to  one  hundred 
and  eight,  inclusive,  of  title  one  of  this  article,  shall  apply  to  plan 

F,  and  the  plan  shall  be  similar  in  all  respects  to  plan  D,  except 
that  the  council  shall  consist  of  as  many  members  as  there  are 
wards  in  the  city,  and  one  councilman  shall  be  elected  from  each 
ward. 

AKTICLE  VII. 

Adoption  by  Third  Class  City  of  the  Second  Class  Cities 

Law. 
Section  120.  Definition  and  character  of  plan. 

§  120.  Definition  and  character  of  plan.  Any  city  of  the  third 
class  may  adopt,  in  the  method  prescribed  by  this  act,  the  pro- 
visions of  the  second  class  cities  law,  constituting  chapter  fifty- 
three  of  the  consolidated  laws,  and  designated  in  this  act  as  plan 

G.  Upon  the  adoption  of  plan  G,  such  plan  shall  become  operative 


as  provided  in  section  twenty-three  hereof,  and  the  powers  of  gov- 
ernment of  the  city  shall  be  exercised  as  in  said  second  class  cities 
law  provided,  and  the  provisions  of  said  law  shall  apply  to  such 
city.  The  elective  officers  of  the  city  shall  be  elected  at  the  next 
succeeding  general  city  election. 

The  salaries  of  the  officials  of  the  city  holding  offices,  the  salaries 
of  which  are  specifically  fixed  by  the  second  class  cities  law,  shall 
be  two-thirds  of  the  respective  amounts  fixed  for  such  offices  by 
said  law  as  in  force  when  this  act  takes  effect  for  a  city  having 
a  population  of  less  than  seventy-five  thousand. 

ARTICLE  VIII. 

Saving  Clause;  Miscellaneous  Pkovisionsu 

Section  125.  Saving  clause. 

126.  When  act  to  take  effect. 

§  125.  Saving  clause.  The  adoption  by  a  city  of  a  plan  of  gov- 
ernment under  the  provisions  of  this  act  shall  not  affect  the 
validity  of  any  proceeding  or  matter  pending  at  the  time  of  such 
adoption,  which  shall  have  been  duly  taken  or  begun  by  the  city 
or  its  proper  department  or  officer,  but  the  same  may  be  continued 
and  completed  as  though  originally  begun  under  any  prior  pro- 
ceedings taken  in  conformity  with  the  provisions  of  this  act.  The 
adoption  by  a  city  of  any  plan  of  government  under  this  act  shall 
not  affect  any  action  or  proceeding  duly  begun  by  or  against  the 
city,  and  pending  at  the  time  of  the  adoption  of  such  plan. 

§  126.  When  act  to  take  effect.  This  act  shall  take  effect 
on  July  fifteenth,  nineteen  hundred  and  fourteen. 


I  ss: 


State  of  New  York, 
Office  of  the  Secretary  of  State. 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office,  and  do 
hereby  certify  that  the  same  is  a  correct  transcript  therefrom  and  of  the  whole  of 
^d  original  law.  MITCHELL  MAY, 

Secretary  of  State 


